Advisory
Aerospace, Defense & National Security
May 22, 2025
Rescind and Replace: Commerce Department Issues New Guidance To Curb Adversaries’ Access To Advanced AI Technologies
On May 13, 2025, U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued three new sets of guidance to strengthen export controls on AI chips. These guidance documents signal a potentially new regulatory approach by BIS. Instead of trying to control worldwide shipment allocations, as under the prior rule, the guidance documents suggest the Trump administration will attempt to elicit more stringent voluntary due diligence from companies under a threat of ramped up enforcement. The guidance may also portend additional export licensing requirements for AI transactions. The three new guidance documents are summarized in our Advisory.
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